Howard v. Macomb County
Petition for certiorari denied on January 12, 2026
Issue: (1) Whether the government violated the Takings Clause’s “categorical duty” to pay just compensation for property taken in excess of the taxes, fees, and penalties, per Tyler v. Hennepin Cnty., by enacting a procedure that leaves most former owners without their homes and without compensation; and (2) whether, to the extent that Nelson v. City of New York requires tax debtors to exhaust state remedies prior to bringing a constitutional takings challenge in federal court, Nelson should be overruled.